Orlando Bicycle Accident Attorney

Riding a bicycle in Orlando should be straightforward, whether you’re commuting through downtown, heading to a trailhead, or navigating a neighborhood street. When a negligent driver causes a crash, the consequences for the cyclist are rarely minor. Broken bones, head injuries, road rash, and spinal trauma are all common outcomes when a person on a bicycle is struck by a vehicle. According to the NHTSA’s bicycle safety data, a large percentage of bicycle crashes can be avoided when motorists follow the rules of the road, but when they don’t, injured cyclists have the right to pursue compensation for what they’ve lost.

At Wooten, Kimbrough, Damaso, and Dennis, P.A., we have been helping injured Floridians recover compensation for more than 60 years. Our Orlando personal injury attorneys have handled bicycle accident claims ranging from intersection collisions to dooring incidents, and we know what it takes to build a strong case on your behalf. Whether your injuries are moderate or severe, our first piece of advice is always the same: if you’re hurt, get checked out by a medical professional right away.

Possible Causes of Orlando Bicycle Accidents

Bike accidents can be caused by multiple factors, and it is important to understand that in some cases, the cause of the accident may not be directly linked to one reason. Your Orlando bicycle accident lawyer will work to establish how your accident occurred and whether a negligent driver was involved. Some of the most common contributing factors in a bicycle wreck include:

Reckless Behavior on the Road

Distracted driving is one example of irresponsible behavior that can lead to a bike accident. It may be due to actions such as using your phone in the car, talking to someone in the car or on the phone, and using the dashboard system to change music or access maps while driving. Reckless behavior also shows up at intersections and along bike lanes specifically. A driver may run a red light or stop sign and strike a cyclist crossing an intersection, or a motorist may open a car door into an active bike lane without checking for approaching riders, a situation known as dooring. Other reckless behaviors include speeding, tailgating, and disobeying traffic signs and traffic laws. In such cases, hiring a bike accident lawyer can help navigate the complexities of legal claims and secure compensation for damages.

Driving Under the Influence

Drugs and alcohol impair a driver’s cognitive and physical abilities, making drunk driving a significant cause of accidents. Intoxicated driving leads to slow reaction times, poor coordination, and impaired judgment. These drivers are more likely to make aggressive and reckless decisions, often resulting in serious bicycle accident injuries.

Defective Products

A faulty or broken component can cause a serious bicycle accident, leading to life-threatening accidents on the road. The bicycle manufacturer may be held liable if improper manufacturing techniques cause the defect. If the fault was due to an error by the repair team, they could be held responsible. Product defects are more challenging to determine and require a professional to examine your bicycle for a potential product liability case. It is crucial to consult a Florida bicycle accident lawyer to navigate these complexities and secure the compensation you deserve.

Other leading factors of bicycle accidents include tourists who are unfamiliar with Orlando roads and a densely packed population.

What to Do After a Bicycle Accident in Orlando

It is normal to be disoriented and scared following an accident. However, you can do the following to ensure your safety and protect your claim:

• As soon as it is safe, move out of the danger zone. This is especially crucial at night due to low visibility. You can then safely call law enforcement. If someone is seriously hurt, dial 911.
• Get the other motorist’s contact information and their insurance details. If there are any witnesses to the accident, ask if they are willing to share their contact information with you.
• Take pictures and videos of the accident scene. This can prove vital for your case and help document your medical expenses.
• When the police arrive, cooperate with them. Do not say anything that may be construed as an admission of fault, such as apologizing, talking about the accident on social media, or even talking to the insurance company. Let your attorney handle all communications.

Even if you feel you did not sustain significant injuries, seek medical help as soon as possible. Some bike accident injuries may worsen with time and some are not easily detectable by the naked eye. It is also advisable to consult with bicycle accident attorneys to pursue full compensation for your injuries.

Did you know? According to the Florida Department of Highway Safety and Motor Vehicles, 5,958 people were injured in bicycle accidents in Florida in 2021, and 197 people died in these crashes. Florida consistently reports more bicycle accident fatalities than any other state.

Common Injuries Sustained in Orlando Bicycle Accidents

Bicycles offer little protection in an accident, as they lack the exterior frame that other vehicles have. When a bicycle crashes with other auto vehicles such as trucks, cars, or motorbikes, cyclists tend to suffer serious injuries, often more severe than other motorists. Common injuries cyclists suffer include the following:

• Neck and back injuries
• Spinal cord injuries
• Soft tissue injuries
• Head trauma
• Bone fractures
• Traumatic brain injury

Injuries suffered in a bicycle accident may require extended periods of treatment, and as such, victims may be compensated for their damages.

Pursuing Compensation in a Bicycle Accident Case

Filing a personal injury lawsuit under personal injury law allows accident victims to hold the at-fault driver responsible for their actions and also allows the recovery of money spent or lost as a result of the accident. Florida is a no-fault state. This means that all motorists must carry a $10,000 minimum in Personal Injury Protection (PIP) insurance per person per accident to cover their injuries and injury-related losses, such as lost wages. This means that your personal injury claim will be filed against the insurance company, not the at-fault party.

Bicycle victims may qualify for amounts under PIP insurance that cover:

• 80 percent of all actual and reasonable medical costs for treatment and transportation up to a limit of $10,000, provided that treatment is within 14 days of the accident.
• 60 percent of lost wages up to a limit of $10,000 if you were unable to work due to injuries sustained in the bicycle accident.

If you do not have PIP coverage, you may be able to pursue compensation from the at-fault driver’s insurer. This method also allows you to seek damages unavailable under PIP, such as pain and suffering, property damage to your bicycle and gear, and reduced earning capacity if your injuries are long-lasting. In this situation, however, you are required to prove that the at-fault driver was negligent. Florida also recognizes the serious nature of crashes involving cyclists and pedestrian accident victims, because both groups share similar vulnerabilities on the road. If a family member has died as a result of a bicycle accident, a wrongful death claim may also be possible.

Statute of Limitations for an Orlando Bicycle Accident Claim

The statute of limitations for a bicycle accident in Florida is two years, however, the time frame is dependent on the unique details and factors surrounding your specific case. Claims that involve minors or government entities are exceptional cases that follow different rules, so it’s important to speak to an experienced Orlando bicycle accident attorney for legal advice as soon as possible after your accident.

Cyclists who were involved in accidents with electric scooters or similar micro-mobility vehicles may have additional considerations as well. Our attorneys are also familiar with electric scooter accident claims and the nuances they involve under Florida law. It’s also worth understanding your insurance options, since Florida’s no-fault insurance rules can apply to cyclists in some circumstances, and the answer to questions like whether your automobile insurance covers you during a bicycle accident may surprise you.

Contact Wooten, Kimbrough, Damaso, and Dennis, P.A.

When you’ve been injured in a bicycle accident, who represents you matters. Wooten, Kimbrough, Damaso, and Dennis, P.A. has more than 60 years of experience handling personal injury cases throughout Central Florida. Our attorneys hold board certifications in civil trial litigation from the Florida Bar, and our firm has earned the highest ranking for Orlando injury lawyers in the U.S. News and World Report Best Law Firms list. We have recovered hundreds of millions of dollars for our clients in auto, bicycle, and other accident cases, and we bring that same dedication to every cyclist we represent.

If you were injured in an Orlando bicycle accident, we are ready to review your situation and help you understand your options. Contact our team today to get started.

Frequently Asked Questions About Orlando Bike Accident Claims

What should I do after a bicycle accident in Orlando?

After a bicycle accident in Orlando, prioritize your safety by moving out of the danger zone, especially at night. Call law enforcement and, if necessary, dial 911 for medical assistance. Gather the other driver’s contact and insurance information, and collect witness details if possible. Take photos and videos of the accident scene, and cooperate with the police without admitting fault. It is important to seek medical help immediately, even if injuries are not immediately apparent, and consult an Orlando bicycle accident lawyer to protect your rights.

What are common causes of bicycle accidents in Orlando?

Common causes of bicycle accidents in Orlando include distracted driving, reckless behavior, driving under the influence of drugs or alcohol, and defective bicycle components. Factors such as speeding, tailgating, and disobeying traffic laws can also contribute to collisions. Additionally, tourists unfamiliar with Orlando roads and the city’s dense population can increase the risk of accidents. An experienced Orlando bicycle accident lawyer can investigate the cause of your accident and hold negligent parties accountable.

What injuries are commonly sustained in Orlando bicycle accidents?

Cyclists involved in Orlando bicycle accidents often sustain serious injuries, including neck and back injuries, spinal cord injuries, soft tissue damage, bone fractures, head trauma, and traumatic brain injuries. These injuries may require extensive medical treatment and rehabilitation, and victims may be entitled to compensation for medical expenses and lost wages. Consulting with an experienced Orlando personal injury lawyer is crucial to pursuing full compensation for these damages.

How can I pursue compensation after a bicycle accident in Orlando, Florida?

In Orlando, Florida, compensation for bicycle accidents can be pursued through a personal injury claim. Florida is a no-fault state, meaning cyclists can recover up to $10,000 under Personal Injury Protection (PIP) insurance for medical expenses and lost wages. If you lack PIP coverage or your damages exceed its limits, you may pursue a claim against the at-fault driver’s insurance. This can include compensation for pain and suffering, but proving the driver’s negligence will be necessary.

What is the statute of limitations for filing an Orlando bicycle accident claim?

In Florida, the statute of limitations for filing a bicycle accident claim is two years from the date of the accident. However, exceptions may apply if the claim involves a minor or a government entity. To preserve evidence and avoid losing your right to compensation, it’s important to consult with an Orlando bicycle accident lawyer as soon as possible after the incident.